Roopa Ram vs State Of Rajasthan
2022 Latest Caselaw 8547 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 458/2022

Roopa Ram S/o Shri Govaram, Aged About 26 Years, B/c Garasiya, R/o Vidya Fali Chandravati, Police Station Abu Road Sadar, District Sirohi (Raj.) (Presently Lodged At Central Jail, Jodhpur)

----Applicant Versus State Of Rajasthan

----Respondent

For Applicant(s) : Mr. H.S. Bishnoi For Respondent(s) : Mr. B.R. Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

01/07/2022

Heard learned counsel for the parties on suspension of

sentence application.

Learned counsel for the applicant-appellant has submitted

that the Special Judge, Special Court, Protection of Children from

Sexual Offences Act, 2012 and Commissions for Protection of Child

Rights Act, 2005, Sirohi (hereinafter to be referred as 'the trial

court') vide impugned judgment dated 07.02.2019 has grossly

erred in convicting and sentencing the accused applicant-appellant

for the offences punishable under Sections 363 and 366 IPC and

3/4 POCSO Act.

Learned counsel for the applicant-appellant has submitted

that there is delay of more than 8 months in filing the complaint

(2 of 4) [SOSA-458/2022]

against the applicant-appellant. It is also submitted that as per

the complainant/victim, she was abducted by the applicant-

appellant around 7 to 8 months ago form the date of filing of

complaint and the applicant-appellant forcibly confined her at

various placed in that 7 to 8 months. It is further submitted that it

is strange that family members of the complainant/victim has not

lodged any missing person report in that 7 to 8 months. It is also

submitted that as a matter of fact, the father of the

complainant/victim was murdered by one Rawata and the accused

applicant-appellant is the near relatives of Rawata, however, both

the families are inimical with each other and on account of that

enmity, the applicant-appellant has falsely been implicated in this

case.

Learned counsel for the applicant-appellant has invited our

attention towards the statements of PW-5 Sariya and argued that

from the evidence of this witness, it is clear that the

complainant/victim had opportunities to rescue herself from the

confinement of the accused applicant-appellant but she did not

avail said opportunities and this fact itself is sufficient to so that

the allegations levelled against the applicant-appellant are false. It

is further submitted that the applicant-appellant is in custody

since last more than 5 years and hearing of the appeal filed by

him will take time.

Learned Public Prosecutor has opposed the prayer made on

behalf of the applicant-appellant in this criminal appeal.

Having considered the totality of facts and circumstances of

the case, having perused the record of the trial court and after

(3 of 4) [SOSA-458/2022]

taking into consideration of the custody period of the applicant-

appellant, we consider it just and proper to suspend the

substantive sentence awarded to the accused applicant-appellant.

Accordingly, this suspension of sentence application filed

under Sec.389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the trial court vide judgment

dated 07.02.2019 in Special Case No.26/2018 (76/2017) CIS

No.26/2018 against applicant-appellant - Roopa Ram S/o Shri

Govaram shall remain suspended till final disposal of the appeal

filed by the applicant-appellant, provided he executes a personal

bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/-

each to the satisfaction of the learned trial Judge for his

appearance in this court on 05.08.2022 and whenever ordered to

do so, till the disposal of the appeal on the conditions indicated

below:-

1. That he will appear before the trial Court in the

month of January of every year till the appeal is

decided.

2. That if the applicant-appellant changes the place

of residence, he will give in writing his changed

address to the trial Court as well as to the counsel

in the High Court.

3. Similarly, if the sureties change their address,

they will give in writing their changed address to

the trial Court.

(4 of 4) [SOSA-458/2022]

The learned trial Court shall keep the record of attendance of

the accused applicant-appellant in a separate file. Such file be

registered as Criminal Misc. Case related to original case in which

the accused applicant-appellant was tried and convicted. A copy of

this order shall also be placed in that file for ready reference.

Criminal Misc. file shall not be taken into account for statistical

purpose relating to pendency and disposal of cases in the trial

court. In case the said accused applicant-appellant does not

appear before the trial court, the learned trial Judge shall report

the matter to the High Court for cancellation of bail.

                                   (KULDEEP MATHUR),J                                       (VIJAY BISHNOI),J




                                    Abhishek Kumar
                                    S.No.20









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